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SAHA - FOIP – CER-2013-DMR-0017 – Request tracker

Request for full record of decision pertaining to a prospecting right right by the DMR to Cousins Coal, as well as several other related documents (see below).

Reference number: CER-2013-DMR-0017
Submitting organisation: Centre for Environmental Rights
Status: closed
Status note: Process concluded
Date submitted: September 27, 2013
Stage(s): Initial request, internal appeal
Request description:

In respect of the prospecting right that was granted by the Deputy Director-General, Mineral Regulation of the Department of Mineral Resources to Cousins Coal Co (Pty) Ltd (Cousins Coal) on 17 July 2013 in respect of portions 10 and 16 of the farm Vogelstruispoort 384 JT, Belfast, Mpumalanga, under the reference number MP 30/5/1/1/3/2/1 (505) EM, in terms of section 17 of the Mineral and Petroleum Resources Development Act, Act 28 of 2002 (MPRDA):
A copy of the full record of decision by the Minister or her delegated authority pertaining to the grant of the abovementioned prospecting right to Cousins Coal, including all documents and all electronic records (including any correspondence, contracts, memoranda, advices, recommendations, evaluations and the like) that relate to the making of the decision to grant the abovementioned prospecting right, together with the reasons therefor, and furthermore including, but not limited to:

(i) A copy of the prospecting right application by Cousins Coal for the abovementioned prospecting right (the completed Form B as contained in Annexure I to the MPRDA Regulations, published in GNR 527 of 23 April 2004 ((the Regulations))); 

(ii) the plan as contemplated in Regulation 2(2) of the Regulations;

(iii) the complete prospecting work programme as contemplated in Regulation 5(1)(g) read with Regulation 7 of the Regulations;

(iv) Details and documentary proof of Cousins Coal’s technical ability or access thereto as contemplated in Regulation 5(1)(h) of the Regulations;

(v) Description of how Cousins Coal’s technical ability will be provided by making use of in-house expertise, contractors or consultants on the proposed prospecting operation as contemplated in Regulation 5(1)(i) of the Regulations;

(vi) A budget and documentary proof of Cousins Coal’s financial ability or access thereto as contemplated in Regulation 5(1)(j) of the Regulations;

(vii) A list of existing rights and permits held by Cousins Coal as contemplated in Regulation 5(1)(k) of the Regulations as well as a description of past compliance with the provisions of the MPRDA as contemplated in paragraph E under the heading “THE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING” in Form B in Schedule I of the Regulations; 

(viii) A list of past rights and permits held by Cousins Coal as well as a description of past compliance with the provisions of the Minerals Act, 50 of 1991 and the MPRDA

(ix) any other specific or additional information, data or documentation which the Minister or her designated authority requested in connection with the information submitted in terms of Regulation 5(1)(a) to (l) of the Regulations as contemplated in terms of regulation 5(1)(m) of the regulations;

(x) a copy of the written recommendations made by the Regional Mining Development and Environmental Committee to the Minister of Mineral Resources or her delegated uathority in terms of section 10(2) of the Mineral and Petroleum Resources Development Act, 28 of 2002, in respect of the application by Cousins Coal for the abovementioned prospecting right; and

(xi) written reasons for the decision to grant a prospecting right to Cousins Coal Co (Pty) Ltd.

Initial request communication

Communication sent

Submission of PAIA request CER-2013-DMR-0017
Sent on: September, 27 2013

Response received

Response date: 2014-12-13
Response nature: Deemed refusal
Received within statutory period: No

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